cmc webinar: world refugee day, 20 june 2019 · cmc webinar: world refugee day, 20 june 2019 • an...

CMC Webinar: World Refugee Day, 20 June 2019

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• An introduction to the UNHCR Global Trends Report, released every year on

World Refugee Day.

• Presentation by the Cayman Islands on matters relating to their asylum system

and refugee protection, providing an opportunity for information sharing and

exchange of good practices within the region.

• Presentation and discussion of two CMC tools, Technical Guidance for the

Development of Refugee Legislation in the Caribbean and the Checklist for a

Comprehensive Asylum System, and the opportunity to suggest other tools or

resources that would be useful for the CMC.

Webinar Overview

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• The Global Trends Report is published every

year to analyze the changes in UNHCR’s

populations of concern and deepen public

understanding of ongoing crises.

• UNHCR records the numbers of refugees,

internally displaced people, people who have

returned to their countries or areas of origin,

asylum-seekers, stateless people and other

populations of concern to UNHCR, and includes

important criteria including age, gender and

location.

• The data compilation process is extremely

important in order to meet the needs of refugees

and other populations of concern across the

world and the data helps organizations and

States to plan their humanitarian response.

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View the complete

Global Trends Report at:unhcr.org/globaltrends2018/

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CMC Priorities on Refugee Protection

• CMC participants have identified priorities on refugee protection at multiple CMC meetings including:

• Preparatory Meeting for the CMC (Jan. 2016, Belize)

• First Meeting of the CMC (Dec. 2016, Trinidad and Tobago)

• Second Meeting of the CMC – Refugee Protection (Dec. 2017, The Bahamas)

• Formulation of policy, legislation, and SOPs (at the national and regional levels) for a systematic approach to refugee protection

• Targeted capacity building initiatives and trainings

• Exchange of good practices and technical support between Caribbean countries

• Alternatives to immigration detention

• Local integration

• Evaluation of progress within the framework of the Brazil Plan of Action

• Statelessness issues

• Opportunity to act on these priorities in the CMC Regional Plan of Action

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Technical Guidance for the Development of

Refugee Legislation in the Caribbean

CMC Refugee Protection Tool 1:

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Purpose:

• Developed by UNHCR in 2016 at the request of States as a practical tool for developing refugee legislation

• Designed to be flexible for each context

• Intended to promote consistency in refugee policies and practices with effective protection safeguards

Key features:

1) Definitions (refugee, asylum-seeker, stateless person)

2) Scope for refugee and humanitarian protection

3) Procedures for refugee status determination

4) Due Process Guarantees

5) Rights and responsibilities of asylum-seekers and refugees

UNHCR Technical Guidance for the

Development of Refugee Legislation in

the Caribbean

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Refugee Definition

← Refugee definition from the

1951 Refugee Convention

← Refugee definition from the

Cartagena Declaration

← Exclusion criteria from the

1951 Refugee Convention

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Asylum-Seekers and Stateless Persons

✓ Asylum-Seekers

✓ Stateless Persons

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Refugee and Humanitarian Protection

✓“Asylum” (Article 1B) = protection granted to a refugee and other persons in need of international protection

✓ “Humanitarian Protection” (Articles 9 & 10) = protection granted to those who do not qualify as refugees but have other humanitarian needs:

• Article 9: Protection from torture (in compliance with obligations under the UN Convention Against Torture)

• Article 10: Other forms of humanitarian protection (“at the discretion” of the competent authorities; for example, in response to natural disasters in neighboring countries)

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✓ Article 17 gives flexibility to the competent Ministry to develop further procedures

(including deciding who is responsible for refugee status determination / adjudication /

decisions), and provides suggested options for those procedures:

Article 17 also specifies basic standards and due process guarantees of those

procedures.

Procedures for Refugee Status Determination

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Due Process GuaranteesSection IV: Asylum Procedures and Due Process Guarantees

✓Article 18:

Right to Appeal

✓Article 19:

Right to Judicial Review

✓Article 22:

Due Process

✓Article 23:

Specific Procedures for Children

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Rights of Asylum-Seekers and Refugees

✓ Article 28: Protection from Refoulement(Article 33 of the 1951 Convention)

✓ Article 29: Non-Penalization for Illegal Entry or Presence (Article 31 of the 1951 Convention)

✓ Article 30: Non-Penalization as the Victim of Smuggling of Migrants(Protocol Against the Smuggling of Migrants, supplementing the United Nations Convention Against Transnational Organized Crime)

✓ Article 33: Employment(Articles 17-19 of the 1951 Convention)

✓ Article 34: Education(Article 22 of the 1951 Convention)

✓ Article 35: Access to Public Services and Social Security(Articles 23-24 of the 1951 Convention)

✓ Article 37: Freedom of Movement(Article 26 of the 1951 Convention)

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Checklist for a Comprehensive Asylum System

CMC Refugee Protection Tool 2:

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Checklist for a Comprehensive Asylum

System

• Developed by UNHCR to respond to the request made by States at the First Meeting of the CMC in 2016 in Trinidad and Tobago

• Outlines the practical steps necessary to develop asylum systems in a variety of legal contexts

• Four Components:

1. Defining asylum criteria

2. Ensuring access to asylum

3. Formalizing asylum procedures

4. Realization of rights

Asylum

Criteria1

Realization

of Rights

4

Asylum

Procedures3

Access to

Asylum

2

Asylum

Criteria1

□ 1951 Convention

□ 1967 Protocol

□ CAT

□ ICCPR

□ ECHR

□ Cartagena Declaration

□ International Customary Law

□ Law

□ Policy

□ SOPs

International Law National Law

□ Referral Mechanisms

□ Training & Capacity-Building

□ Public Information

Access to

Asylum

2

--- points of entry @ air, sea and land

--- also NGOs and UN agencies--- raising awareness

Asylum

Procedures3

□ Reception

□ Registration

□ Documentation

□ Data Protection

□ Refugee Status Determination

□ Individual Interview

□ Interpretation

□ Written Assessment

□ Notification of Decision

□ Appeal

□ Judicial Review

□ Due Process Guarantees

registered from the moment of indicating intent to seek asylum <

> helps to ensure non-refoulement

□ non-refoulement

□ other rights under

international law

□ other rights under

national law

Realization

of Rights

4

> incl. socio-economic rights

> same treatment as permanent residents

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Thank you for participating! Questions?

cmc webinar: world refugee day, 20 june 2019 · cmc webinar: world refugee day, 20 june 2019 • an...

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